USA > Indiana > Posey County > History of Posey County, Indiana : from the earliest times to the present, with biographical sketches, reminiscences, notes, etc. : together with an extended history of the Northwest, the Indiana territory, and the state of Indiana > Part 36
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HISTORY OF POSEY COUNTY.
The methods of proceeding in any court are more or less complicated, and a knowledge of them, with a skill to apply that knowledge, has in all ages and nations been considered enviable and highly honorable. Lawyers have always occupied a front rank in public estimation, while the position of a judge is the most exalted in a government.
The courts and laws of America are modeled after those of England, where that unparalelled system, the common law, originated, and where it has attained its highest perfection.
THE CIRCUIT COURT.
By far the most important of Indiana's judicial tribunals has always been the circuit court. At first this was held by one pres- ident judge, and two associate judges. The president judge held court in several counties, all of which constituted the circuit. Two associate judges were elected from each county. These cir- cuit courts had jurisdiction in all causes both civil and criminal, and the associate judges for a while constituted a probate court in which all matters pertaining to the settlement of estates and guardianship were disposed of. A few years after the organiza- tion of the State government was effected, a probate judge was provided for in each county.
The first session of the Posey Circuit Court, began Monday the 20th day of March, 1815, and was held at the house of Ab- salom Duckworth. One of the most widely known of Indiana's jurists, the Hon. Isaac Blackford, was then presiding judge of the circuit that embraced the new county of Posey. His associ- ates in this county were, Thomas E. Casselberry and Daniel Lynn, two men who were prominent in the early affairs of the county. The sheriff was John Carson, and the clerk was William E. Stew- art. The grand jurors were put to work at once by the court to inquire into the shortcomings of the citizens. That body was composed of these men: Nathaniel Munsey, William Waganon, James Robertson, Wilson Butler, Alexander Mills, John Staple- ton, Adam Albright, John Aldridge, Samuel Aldridge, James Black, Seth Hargrave, Ezekiel Jones, John B. Stephenson, David Thomas, John Crunk and Matthew Adams. William Prince, one of the leading attorneys of this portion of the State, was ap- pointed prosecuting attorney for Posey County, and the court was
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HISTORY OF POSEY COUNTY.
then fully prepared to administer justice, which it at once pro- ceeded to do.
THE FIRST INDICTMENTS.
The grand jury was not long finding some business and the first indictment found, reads as follows:""The jurors for the United States of America, and the body of the county of Posey, upon their oath, present that William Blizard, late of Casselberry Township in the said county of Posey, yeoman, on the 23d day of January, 1815, with force and arms, at the township aforesaid, in the county aforesaid, two hogs of the value of $5, of the goods and chattels of Margaret Hall, then and there being found, feloni- ously did steal, take and carry away, against the peace and dignity of the United States, and the form of the statute in such cases made and provided."
The court then ordered that a scrawl containing the words "Cir- cuit Court Seal, Posey County," be recognized as the seal of the court. William Blizard,' the defendant named in the above in- dictment, was arraigned and said he was not guilty, and "being asked how he would be tried, answered, 'by God and his country.'" The record of another indictment, against Shadrack Green, for killing seven head of hogs in the woods, completes the doings of the first day of court in Posey County. Upon the following day the trial of Blizard occurred. The jury, consisting of Nicholas Long, Daniel Miller, William Stephens, Joseph Fesler, John Bar- ton, John Martin, Samuel Barton, Timothy Downan, John Riden- ower, John McFadden, David Mills and James Duckworth, re- turned a verdict of not guilty, and the defendant was accordingly discharged.
The case of Green being called, he did not appear, and his re- cognizance was declared respited until the next term, and court then adjourned without day. The first session was at an end.
The second term began Monday the 19th day of June, 1815, with the same officers presiding, and still at the house of Absalom Duckworth. The first civil cause appears on the docket at this term, and is entitled Thomas Allen vs. Joshua Beard. It was an appeal from Nathan Ashworth, a justice of the peace. The suit was originally brought by Beard on an account for blacksmithing. In the circuit court the cause was dismissed at cost of appellee. The criminal charge against Shadrach Green was dismissed by the
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HISTORY OF POSEY COUNTY.
prosecuting attorney. The grand jury at this term returned in- dictments against Needham Blount, John Warrick, Meshack Green, H. and J. Robertson and William and Julius Stallion. The one against Green was tried, and he was found guilty of marking hogs. This amounted to larceny in those days. It was the first criminal cause in the county wherein the defendant was found guilty, and his fine was fixed at $50, and he was to receive "twenty-five lashes on his bare back publicly between the hour of five and half after five this evening." The whipping post. was then duly recognized in the United States as a proper means for the punishment of criminals.
The third term began at the house of Absalom Duckworth, Monday, October 16, 1815, with no change in the officers of the court. Davis Floyd and Elias Roberts produced satisfactory evi- dence to the court that they were legally authorized to appear as counselors and attorneys at law, and they were admitted to prac- tice as such in this court. Henry Robertson was put upon trial for assault and battery and a jury, found him guilty of the as- sault and not of the battery, whereupon the court granted a new trial. On the following day he was tried again and "twelve good and lawful men" found him not guilty. The grand jury returned several indictments, and a few criminal causes were tried and dis- posed of. The sheriff reported that as the jail of the county was not yet built he could not procure a safe place to keep prisoners, and that he would not hold himself responsible for any escape of prisoners on account of the want or insufficiency of the jail.
This was the last term of Judge Blackford upon the bench of Posey County. Perhaps no other man was more instrumental in establishing the early courts of Indiana upon a correct and sound basis. When the State government was organized the Hon. John Johnson was made a member of the supreme court but his death occurring soon after, his position was filled by Isaac Blackford. Judge Blackford edited the first eight volumes of the decisions in that court, and they are more authoritative than are any other of the Indiana Supreme Court, and are quoted as authority in every State and nation where the common law prevails.
THE BAR AND DOCKET. The bar docket up to this time shows the names of the follow-
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HISTORY OF POSEY COUNTY.
ing attorneys practicing in the Posey courts: John Johnson, George R. C. Sullivan, William Prince, Mr. Douglas, Davis Floyd and Elias Roberts. Johnson was a citizen of Knox County and was already prominent in public affairs of the Territory. He was a member of the first, Territorial Legislature that met at Vin- cennes, July 29, 1805. He was also a member of the first con- stitutional convention that assembled at Corydon, June 10, 1816, and was made a member of the supreme court. George R. C. Sullivan was one of the leading attorneys of this portion of the State and his practice extended to every county in the southwest- ern part of Indiana. He too was a resident of Knox County, and is said to have been a Scotchman, although his name is a strong indication to the contrary. William Prince was an old resident of Knox County. It is said that in 1810, and probably before that time, he acted in conjunction with Francis Vigo, Tousaint Dubois, Joseph Barrow, Pierre La Plante, John Connor and M. Brouillette as messenger between Gen. Harrison and the prophet's town, and the principal villages of the Miami, Delaware and Pottawattomie Indians. On account of his influence with the Indians he was frequently employed on these missions of peace. As a lawyer he was a man of more than ordinary ability, and later became judge in this district. Concerning Douglas but lit- tle if anything is now known. Davis Floyd represented Clark County in the Legislature of 1805, and Harrison County in the first constitutional convention in 1816. He is described as a tall, dark complexioned man, with a heavy voice and rapid speech, and was especially skillful in the management of a case in court. He afterward became circuit judge in his district. Elias Roberts was a leading attorney in the Posey County courts for twenty years. As a solicitor in chancery he was more than ordinarily successful and it was in cases of this kind that he was most fre- quently employed. He was among the earliest resident attorneys of the county and took an active part in all matters pertaining to the public welfare. In 1819 he was appointed county agent, which place he held for a short time and then resigned.
The fourth session of the circuit court, and the first for the year 1816, began Monday, March 18, 1816. The place was yet the house of Absalom Duckworth. David Raymond appeared as president judge. William Prince resigned his office of prosecut-
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HISTORY OF POSEY COUNTY.
ing attorney, and in his stead Davis Floyd was appointed. As usual the grand jury found a number of indictments and several criminal cases were tried. But little else was done at this term. A few civil causes were upon the docket, but none were tried. On the 17th of June, court again met at the house of Duckworth, but adjourned to meet at 10 o'clock of the same day, at the town of Blackford, the county seat. This it did. Thomas H. Blake and John Fletcher were admitted as attorneys. At the October term John Graddy appeared as associate judge. Richard Dan- iels was appointed prosecuting attorney to act until the next term of the court on account of the absence of Davis Floyd.
In March, 1817, Judge Raymond was succeeded by William Prince as presiding judge of the Posey Circuit Court. Alexander Mills and Thomas Givens produced their commissions as associ- ate judges, and took their seats. Richard Daniels was appointed prosecuting attorney for the county of Posey.
SLANDER AND OTHER CASES.
At this term the docket contains the first record of a case of slander in the county. It was entitled William and Rosannah Curtis vs. Samuel and Aaron Aldridge, George and Robert Gra- bam, and John Bostick. It was brought for slanderous words spoken by the defendants against the virtue and character of the plaintiff. But the defendants in open court acknowledged that they knew nothing derogatory to the plaintiff's character or vir- tue, and the suit was dismissed at their cost. For several years, cases of this kind were prominent in the courts, and were often brought in the form of tresspass on the case. Some others were brought at this term of court.
Indiana had now been admitted as a State, and this was the first session of the circuit court under the new order of affairs. Litigation seemed on the increase, and people were becoming accustomed to the routine of the courts. During this term of the court, the names of David Hart and Nathaniel Huntington first appear as attorneys, and both afterward came to be eminent in their profession. The first appeal was taken to the supreme court at this term. It was a civil cause for "debt" between Arthur Green and Thomas Miller. The plaintiff obtained a judg- ment for $165, and the defendant appealed. G. R. C. Sullivan
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HISTORY OF POSEY COUNTY.
was attorney for the appellant. The first change of venue was granted at the June term, 1817. It was in the case of Thomas E. Casselberry vs. Joshua Elkins, and at the plaintiff's request it was sent to the Gibson Circuit Court. The first civil cause tried by a jury in the county, was at this term in an action for slander, wherein Francis Hopkins was plaintiff, and Anthony Griffen was defendant. The jury was composed of these men: Nicholas Long, William Greathouse, Thomas Booth, William C. Carson, Alexander Barton, John Lewis, Adam Albright, John Duckworth, William Givens, William Alexander, James Duckworth and James Todd, "twelve good and lawful men who, being elected, tried and sworn to try the issues joined, upon their oaths do say that we, the jury, do find the defendant guilty in manner and form, as the plaintiff in his declaration has alleged, and do assess his (the plaintiff's), damages to $1,000." It seems somewhat singu- lar that the courts of any county should be organized for nearly two years and a half before a jury was called upon to determine a civil cause. Before this there had been many juries, but the records do not show that they were occupied in any but criminal trials. If they were, it was neglected to be so stated in the records. The civil cases had been determined by the judges, or by arbitration, before this time.
GRAVE ROBBING.
At this term the grand jury found an indictment against T. Moore Park, a physician and resident of Mount Vernon. It charges that on the 11th of April, 1817, at the township of Black, in Posey County, the defendant "did dig up, untomb and carry away the dead body of a man, who was then and there interred by his friends, by the name of Peter Hendrix, and him, the said Peter Hendrix, carried from the graveyard in which he was entombed, to the evil example of all others in like case offend- ing, against the good morals of civil society, contrary to public health, against good manners and against the peace and dignity of the State of Indiana." The finding of the dead body above referred to, in the barn of Dr. Park caused considerable excite- ment, and the feeling that grew out of it was the cause of two murders not long after. This case never came on for trial, as the indictment was quashed, and ere another session of the court
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HISTORY OF POSEY COUNTY.
began Dr. Park had fallen a victim to the anger he had excited. The indictment is in the handwriting of and signed by Richard Daniels, the prosecuting attorney.
ADMISSION OF ATTORNEYS.
The court convened in October of 1817, at Blackford, but at once adjourned to Springfield, the new seat of justice for Posey County. Judge Prince was still presiding. James R. E. Good- lett was admitted to practice at the Posey bar as an attorney and counselor. It was his first appearance in the county courts, and two years later he was elected to the bench where he remained for more than a decade. This was the last term of Judge Prince, and in February 1818, he was succeeded by Hon. David Hart. At that time Jacob Call, who had been practicing in this court for some time, moved to have Charles Dewey and John Law admitted to the bar, and it was accordingly done. The May term, 1818, began on the 18th of the month, and there was admitted to practice James Dougherty and Thomas C. Brown.
FIRST INDICTMENT FOR MURDER.
On the second day of this term the grand jury returned an indictment against George F. Gibbons, otherwise George Gibbons, otherwise George Givens, for the murder of Thomas Moore Park. This is the first indictment for mur- der in Posey County, and is too long for insertion here. Divested of the superfluous and cumbersome phrases which the common law imposes upon documents of the kind, it charges that the defendant being a laborer and not having the fear of God before his eyes, and at the instigation of the devil, did on the 29th of March, 1818, feloniously, willfully and of his malice aforethought, strike and beat with an ashen club or stake the said Thomas Moore Park, in and upon the left temple, where- by a fracture of the skull was effected, a mortal wound, of which he, the said Park, did languish, and languishing did live one minute, and on the said 29th day of March did die of the said mortal wound. The indictment repeats the same charges in different words and phrases two or three times. The defendant pleaded not guilty and a continuance was granted from time to time until the June term, 1819, when it was dismissed by the
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HISTORY OF POSEY COUNTY.
prosecuting attorney. It is said that in the meantime the defendant had been killed. The circumstances were about as follows: At the same term of court Rachael Givens was indicted as an accessory before the fact to the murder of Thomas Moore Park, and it is charged that she offered a reward, publicly, to any one who would kill Park. 'It is further alleged that under the hope of gaining this reward, George Gibbons, alias Givens was induced to commit the murder. For the conviction of Rachael Givens the evidence of Gibbons was necessary. In order to get rid of so important a witness, Gibbons, who is said to have been an Irishman, was assisted to escape from the county jail. It is said that with his wife he was put into a small boat and started down the Ohio River. A jug of poisonous whisky was given him, and from that his death was caused e'er he had floated many miles down the stream. In this manner both the cases were dis- posed of. Thus from the ghastly crime of stealing a human corpse there resulted two willful and deliberate murders.
OTHER CASES.
At the September term, 1818, Willis C. Osborn, William Hoggatt and James A. Boise were admitted to the bar. It was at this term that the case of the State of Indiana vs. Edward C. Fitzgerald, alias Brown, was finally stricken from the docket. The indictment in this case charged the defendant with having stolen a large amount of bank notes, silver coin, and other prop- erty, from the store of George Rapp and associates at New Har- mony, on the 13th day of April, 1817. This document is one of remarkable length, covering sixty pages of the legal paper used in those days, and was returned by the grand jury at the June term, 1817. Fitzgerald was at once arrested and confined in the log jail. He was tried and found guilty, but while waiting for the decision of the court on a motion for a new trial, he made his escape. The county had been at large expense in hiring guards to watch at the jail while he was confined there, and it would be in- teresting to know by what methods he succeeded in escaping. The indictment was signed by Richard Daniels, prosecuting attorney, and indorsed by William Casey, foreman of the grand jury. The witnesses were John Shiver, Matthew Sholly, Frederick Eckes- parger, William Weir, Joseph Lockwood, John Baker, Francis
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HISTORY OF POSEY COUNTY.
James, George Codd, Ratliff Boon, Dann Lynn, Wilson Butler, David Lawrence, Wright Stallings, Thomas D. Anderson, Daniel Akin and L. Baker. Ratliff Boon was then a resident of Warrick County, and afterward for several years a member of Congress from this district. The case was dismissed by the prosecuting attorney. At this term the grand jury reported that the jail was "sufficient to hold the prisoners without being confined with irons, and they may have the liberty of walking in both the lower rooms in daytime and be put in the back room every night, and all doors locked, and George F. Gibbons be allowed five blankets and a good straw bed." David Love qualified as clerk and record- er of the county, and James P. Drake as his deputy. This was the last term of Judge Hart upon the Posey circuit bench. In March 1819, he was succeeded by the Hon. Richard Daniels, who had for several years been prosecuting attorney for the county. James P. Drake was "appointed clerk and recorder pro tempore and until another be duly qualified." William Prince was ap- pointed prosecuting attorney for Posey County. Jephtha Harden, Henry F. Dulaney, William F. Mosley, Laban Jones, George W. Lindsey and Amos Clark were admitted to practice law in Posey County. At this term the first divorce case appears upon the docket. It was entitled Archibald Farr vs. Clarissa Farr. During the next term it was ordered dismissed at plaintiff's costs and that he stand in miseri cordia. At the June term, 1819, on motion of William Prince, Esq., General W. Johnson, Charles I. Battell and Samuel Hall, were admitted as attorneys and counselors at law for Posey County. In October following Robert M. Evans was admitted.
CHARACTER OF ATTORNEYS.
There were now practicing at the Posey bar nearly all the foremost attorneys in southwestern Indiana, and some of them were afterward well known throughout the State. Concerning Judge Raymond but little is now known. He was a man above ordinary ability and is said to have been a good lawyer. Richard Daniel, although not a resident of Posey County, was for many years one of the most conspicuous figures at its bar. He was more than ordinarily successful and is said to have made criminal law something of a specialty. His home was in Gibson County, and his practice extended to all the adjoining counties. Judge
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HISTORY OF POSEY COUNTY.
David Hart was marked for his uprightness and integrity as well as his ability. During his term upon the bench some of the most im- portant of the early cases were disposed of. Of the attorneys at that time Thomas H. Blake was conspicuous, and one of the most widely known of southern Indiana. He was afterward circuit judge in his district, and his name appears for the plaintiff in the first case reported in the supreme court. In 1839 he was a candidate for United States Senator, but was defeated by Albert S. White by a majority of only one vote. Charles Dewey was a resident of Harrison County, and a lawyer of high ability. He was on the supreme bench for some time. John Law lived for awhile at Vincennes, and later moved to Evansville. He was a native of New England and a man of good education. As an attorney, he was the peer of any in this portion of the State. He was chosen circuit judge and was for some time a member of Congress. Gen. W. Johnson was another citizen of Knox County and one of its earliest and most conspicuous men. He was educated beyond most men of his day, and in his make-up there was much of the romantic. Amos Clark was one of Posey County's early lawyers. His home was at New Harmony, where he engaged for awhile in merchandising. His ability was not of the highest order, and his success was mostly with a jury. Later in life he moved to Evansville.
OFFICIAL OATHS.
At the March term, 1820, James R. E. Goodlet produced his commission as president judge of the Fourth Judicial Circuit. It was signed by Jonathan Jennings, and dated at Corydon. On the motion of John Law, Charles I. Battell was appointed prosecut- ing attorney for Posey County. The oath which the law pre- scribed for a judge to take at that time contained the following: "That I have not since the 1st day of January, either directly or indirectly, knowingly given, accepted or carried a challenge to any person in or out of this State to fight in single combat with any deadly weapon, and that I will not give, accept or carry a challenge to any person or persons to fight with any deadly weapon in single combat either in or out of this State during my continuance in office." Ex-Judge Hart was admitted as an attor- ney and counselor at law. The associate judges at that time were James Rankin and Thomas Givens. In June following Charles
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HISTORY OF POSEY COUNTY.
I. Battell was appointed master in chancery. At the same term the first decree of divorce was granted, the parties being Eliza- beth Hirons rs. Samuel C. Hirons.
REVOLUTIONARY SOLDIERS.
In October Daniel S. Bell was admitted upon motion of Elias Roberts. By an act of Congress passed early in 1818, it was pro- vided that all persons who had served in the Revolutionary war, and who were destitute and unable to earn a living, should receive certain assistance when the facts were properly set forth before any court of record. At this time two persons made application under this law. Cornelius Bradley was then sixty- five years of age, and a weaver by trade. In March, 1781, he en- listed in the State of Maryland in the American Army for the period of one year. At the end of that time he was discharged in the State of New Jersey. He was in the battle of Monmouth under command of Gen. Lee. Thomas Flynn, aged seventy- eight, enlisted in a Delaware company and served in the Revolu- tionary war on the American side. The schedule of his property was as follows: "One heifer, worth $12.50, which he paid for with the money which he received from the United States Army; one horse, not paid; one broken kettle worth $1; one Dutch oven, borrowed; two old axes, $2.50." "He is a farmer, not able to follow it from great age and sickness; that he has eight in family, himself, his wife aged, not healthy of her age, able to support herself however; six children: Jacob, ten years, healthy; Polly, aged seven years, healthy; Augustine, four years, healthy ; Charles Flynn, aged two years, not healthy; the last two, twins, Solomon and David, eleven months, not healthy." With such evidence as this, there can be but little doubt that he received the pension he sought. If he did not, it would be suffi- cient proof of a republic's ingratitude.
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